Duty to intervene

1.1    All LPS Officers (Peace Officer or Protective Service Officer) have an affirmative duty to intervene to prevent or stop any LPS Officer, regardless of rank or tenure, from engaging in any unlawful or unethical act (e.g. excessive force, theft, fraud, sexual misconduct, harassment, falsifying documents, etc.) whenever the Officer is reasonably and safely able to intervene.

2.1    Intervene – to come between, whether verbally or physically, in order to prevent or alter a result or course of events.

2.2    Officers – when capitalized, refers to both Peace Officers (POs) and Protective Service Officers (PSOs). Where a directive refers only to Peace Officers or only to Protective Service Officers, the full title or abbreviation will be used. Where the terms “officer(s)” or “peace officer” appears uncapitalized, it refers to all officers and peace officers, including those external to the LPS.

2.3    Supervisor – refers to both Sergeants and PSO Leads, as well as the senior leadership staff (PSO Supervisors, Staff Sergeants, Inspector/Operations Manager, and Director) of the Legislative Protective Service and the Sergeant-at-Arms.

3.1    The action required by the intervening Officer will depend on the circumstances of the incident. Appropriate action may include, but is not limited to: 

• verbal and/or physical intervention;
• immediate notification to a Supervisor; and/or
• a direct order by a Supervisor to cease the unlawful or unethical action.

3.2    An Officer may be subject to disciplinary action if they fail to intervene when they have observed a fellow Officer engaging in unlawful or unethical activity and the observing Officer:
a)    would have been reasonably able to intervene; and, 
b)    ought to have known that the activity violated LAO or LPS policy or the law.

3.3    An Officer who intervenes to stop unlawful or unethical behaviour shall notify a Supervisor of the intervention as soon as it is safe and feasible to do so. An Officer who is reasonably unable to intervene to stop such behaviour shall notify a Supervisor of the behaviour that they observed as soon as practicable.

4.1    In a Duty to Intervene incident, a Supervisor shall:
a)    once learning of an incident involving an Officer intervening with another Officer, separate all Officers involved in the incident and secure the scene of the incident, if necessary and feasible, in accordance with OPS-003 (Scene Management);
b)    conduct a preliminary investigation to gather any pertinent information about the reason for the intervention, what led to the intervention and what, if anything, occurred once the Officer intervened;
c)    notify the Inspector/Operations Manager of the circumstances of the intervention and the results of the preliminary investigation;
d)    notify the Director of the LPS and the LPS-SIU Liaison Officer if the incident is one that could result in the invocation of the SIU Mandate, in accordance with OPS-012 (Special Investigations Unit);
e)    manage any potential reprisal or harassment against any Officer(s) involved in a Duty to Intervene incident, in accordance with LAO policies on Discrimination and Harassment; and
f)    if appropriate, consider recommending that the officer who intervened receive recognition for their actions.

5.1    When informed of an Officer intervening to prevent or interrupt another Officer’s misconduct, the Inspector/Operations Manager shall:
a)    review the results of the preliminary investigation to determine whether the actions leading to the intervention constitute a policy violation or potential criminal conduct; 
b)    forward the preliminary report to the Director of the LPS for further review and action (where the Inspector/Operations Manager determines the conduct of any Officer(s) involved constitutes a violation of policy or law); and
c)    advise the Training and Professional Standards Unit of the LPS if follow-up training or changes to training may be required.

6.1    The Director shall review the incident and determine whether the actions leading to the intervention constitute misconduct, unethical behavior, or potential criminal conduct. The Director may assign an LPS investigator to fully examine the incident or, in consultation with the Sergeant-at-Arms and Human Resources, refer the investigation to another agency. The facts and circumstances involved in the incident will determine the appropriate course of action.

6.2    At the conclusion of the investigation of a Duty to Intervene incident, the Director shall make recommendations to the Sergeant-at-Arms regarding the disposition of the incident and any changes to policy or training and/or any recommended disciplinary action (including consulting with HR when disciplinary measures are recommended).